Legal Question in Wills and Trusts in California

my mom and dad have a living trust . dad died, what happens in the trust ? does it make her soul trustee ?

Ralph


Asked on 3/02/10, 3:40 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

In most trusts, that's what happens. It would be wise, though, to take a look at the trust to make sure it's written that way -- i.e. that your mother would be the sole trustee.

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Answered on 3/07/10, 4:30 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

Ralph - Generally revocable trusts for a married couple provide that when one spouse dies the other becomes the sole trustee. There are, however, many circumstances when that is not the case. You should, therefore, have an attorney review the trust for your Mom. An attorney can also help your Mom take the steps needed to follow the terms of the trust now that your Dad has died and to make sure that its terms suit her current wishes. Making sure that everything is in order now will also help you administer the Trust when you Mom passes away. This should not be an expensive or difficult process. If we can help you, please let me know.

Jon Reich

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

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Answered on 3/08/10, 8:44 am


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